Talmage v. Burlingame & Irons
Supreme Court of Pennsylvania
In error from the Common Pleas of McKean. Burlingame and Irons executed a note in favour of plaintiffs, in the following form: — “I promise to pay, &c.,” with warrant of attorney, under which judgment was entered against them jointly. This judgment was revived by scire facias, when Irons filed an affidavit, on which the court Opened the judgment against him, and let him into a defence.
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In error from the Common Pleas of McKean. Burlingame and Irons executed a note in favour of plaintiffs, in the following form: — “I promise to pay, &c.,” with warrant of attorney, under which judgment was entered against them jointly. This judgment was revived by scire facias, when Irons filed an affidavit, on which the court Opened the judgment against him, and let him into a defence. On the trial of this cause, the defendant proved that the attorney of the plaintiffs held a claim against one Freeman, who offered to liquidate it, by giving a note signed by Burlingame, whom Freeman…
1Opinion of the CourtBell, J.
It is a trite rule in equity that if a creditor has in his hands or power the means of payment, and voluntarily relinquishes it, or if he agree, for consideration, to give to the principal debtor further credit for a definite time, without the assent of the surety, the latter is discharged, though judgments may have been recovered against both. Of relief given upon the first of these grounds, The Commonwealth v. Miller, 8 S. & R. 452, is an example and illustration, and The Manufacturers’ and Mechanics’ Bank v. The Bank of Pennsylvania, 7 W. & S. 335, furnishes an instance of the second. They…
2Cases cited3 opinions
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
- Davenport v. FreemanSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Griesmere v. ThornSuperior Court of Pennsylvania · 1906
- National Surety Corp. v. Nulton, Pennsylvania Court of Common Pleas, Beaver County1945